Defending a Medical Malpractice Claim: What to Do

Legal Adviser February 1, 2017
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Medical Malpractice in Springfield, IL

Medical Malpractice in Springfield, ILBeing sued for medical malpractice doesn’t necessarily mean that you did anything to cause harm to your patient or that you would be automatically held responsible.

Below are some of the most common defenses to a medical malpractice lawsuit:

Contributory Negligence Defense

More often than not, medical professionals are not solely to blame for an alleged injury. If you could demonstrate that the injury wouldn’t have happened had it not been for your patient’s negligent action, then you might have a solid defense. For instance, your patient combined prescription meds against your instructions or didn’t disclose crucial elements of her or his medical history.

Standard Negligence Defense

Because medical malpractice is a type of negligence, the majority of defenses allowed for standard negligence claims would also be suitable against medical malpractice lawsuits, explains a top defense lawyer in Springfield, IL, who’s experienced in medical malpractice claims. For instance, you could say that the care you provided was appropriate to the standards of the medical field, or that the claimant’s injuries didn’t occur because of the care you provided.

Good Samaritan Statutes

The majority of states have Good Samaritan statutes to protect individuals, usually medical professionals, who help other people in medical distress. This basically means that if you help a person in an emergency, you would be protected against civil liability in case something goes wrong while you were trying to help. In general, however, any medical professional that voluntarily helps another person must make certain that the same level of treatment and care as that of a competent doctor under the similar or same conditions.

Respectable Minority Principle

In some cases, doctors decide to treat a patient using a more radical or new treatment approach to ensure a more positive outcome. Although this act might be considered as out-of-the-box, the doctor might have a defense in the event that a “respectable minority” of medical experts or professionals supports the doctor’s actions. But, this only holds true if the doctor informed the patient of the treatment’s potential risks.

If you’re facing a medical malpractice lawsuit, you must seek help from an experienced attorney who will help you decide the best defense for your case.

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